The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-04-23


bic, but the treatment did not effect a cure
DR. Waring and Dr. Stone attended him be
/ fore he was sent off, and the boy was regIl-
larry treated with medicine. The father has
seem him have probably thirty or forty fits
! altogether. and one night he had two.
TOMS mind, he said, has been impaired by
| them.
Mr.. duBignou asked but one question,
which was il the attacks do not come ON
suddenly. Mr. Fogarty replied that they
do.
FoGARTY's THREAT.
The defense mere rested its case, and the
State recalled DR.. Kietrer in rebuttal He tes-
| titled that he saw Fogarty on the Friday pre-
| cediug the shooting and talked 70 him. The
prisoner had knife in his hand whiting.
| One of the boys outside of the store remarked:
He is going to have you arrested" Fo
| garty replied with an oath: If he does
| will kill him. On Saturday I'and an Off
cor saw him and he ran over to the Central
| railroad yard and escaped. In the Police
Court on Monday morning the defendant
spoke to the Mayor nationally. The wit
ness never saw anything about the prisoner
to indicate that he was insane
In reply to a question by Mr.. Meldrim.
the witness said that he had never seen
Fogarty have a fit in his life. He had
never sold Mrs Fogarty bottle of medicine
| for her son, although his clerk may have
| done so.
The cause of his reporting Fogarty to the
| barracks was because the boy had cursed
| and abused Mrs. Kieffer.
WHERE THE PISTOL CAME FROM.
John Wohanka, gunsmith, stated that
| he had seen a Young man like FogaltY in
his store on the day that Kieffer was shot
| He thought that the time was between
| 1890 and ll:l5 a. m. There was some one
| with him. They asked for Smith 81 Yves
t.O1o nd bs tti+,,. oil 30
calibre and loaded it at the purchasers re
| quest The purchaser did not get any other
cartridges. About 6 o'clock the same day
the witness heard that DR.. Kieffer had been
shot.
DR.. r. ?. Myers attended Kiefer fter he
was shot and he described the wol nus Mr.
duBignOn repeated substantially The sam
Hypothetical question which he put to Dir.
Warning. Mr.. Meldrim objected, unless it
was determined whether the witness was an
| expert.
Judge Adams decided that the question
was admissible, as the doctor was preSuIna-
bly, an expert.
REFUSED TO TESTIFY.
The witness objected to answering the
question, and inquired if a physician sum
moned to testify as to the facts in a case
| could be compelled TO give expert testimony
which he regarded as part of the stock in
trade of his position.
Judge Adams informed him that he would
| be required TO answer, whereupon DR.. Myers
| declined. The court Immediately directed
| that a commitment for contempt be made
out. Some other rebuttal evidence was
| offered, and exactly at O'Clock both sides
| closed. Judge Adams then remarked that
| the case Of DIR. Myers might as well be dis
| posed of. His honor proceeded to comment
| on the case, saying that experts could not be
| granted the privilege of deciding whether
or not they would testify in
court. Such precedent might result
in defeating the ends of justice, as many
cases largely depend upon expert testimony.
Just as his honor was about to say what
should be done with Dr. Myers, Solicitor
| General duBignon asked leave to make
| statement.
| PUT IN A FALSE POSITION.
He said that he had been informed that
! DIR. Myers was put in a false position. He
| had not intended any disrespect to the court,
| but had desired to protest against giving ex-
| pert testimony, unless he could have some
assurance of obtaining remuneration. The
| question had been raised in the Medical So
| ciety, and it had ben decided TO make a
test case All that was wanted was a ruling
| from the court. Dr. Myers said that he
meant no disrespect, and he was willing to
answer the question under protest. The
Solicitor General said that he would not in
| SlNU upon ULS 1tltSblOu DblllR answered., ana
| his honor remarked that the explanation
was satisfactory to the court and the physi-
clan was ordered to be released.
THE ARGUMENT.
| Mr.. Meldrim opened the argument and
spoke for an hour and half. The central
point in his defense was the prisoners ire
| sponsibility for his actions, responsibility
| having been DESTROYED as the mind was inn
paired by the epileptic attacks.
Mr.. Meldrim in beginning his address to
the jury remarked that the case was a most
| unfortunate one, more so for the prisoner
than the victim. Better would it have been
| for the poor unfortunate wretch had he
died when an infant than to have lived TO
sink into hopeless epilepsy. The counsel
went on to review the prisoners
life during the past four years,
and described instance after instance
when he had had attacks on the street at
play, at his home, in the stable, in the day
and night Anywhere he was liable to fall
bruised and MANNED. The natural result
was the impairment of his mind. A peace
able though courageous disposition was
converted into an excitable and passionate
nature when the intellect became clouded.
FoGARTYs sENsELEss THREAT
The threat TO kill KiefFcr, if made, was
a wild, senseiesS statement, preposterous be-
cause the boy threatened to kill any man
| VINO attempted TO arrest MN. Tho prisoner
at the bar understood Kieffer to say in the
Police Court that If IL bad pistol he would
have killed him on Friday. Under these
circumstances Kieffcr and Fogayty met,
jostled together, and the prisoners excited
brain flashed forth and passion like n tornado
swept over him. The counsel did not pre-
tend to excuse or justify the crime, and
closed with pathetic appeal to the jury.
Mr.. du3ignon, III an able and eloquent
argument of more than an hour, attac ked
the theory Of responsibility set up By the
defense. The prisoner, he declared was
neither insane nor an idiot nor a lunatic.
The Solicitor continued, saying that when
ever a crime is committed which shocks a
community and makes strong men turn
pale, il is suddenly discovered that the per.
petlator was actuated by an insane impulse
THE INSANITY PLEA.
This defense of insanity in the great ma,
jorfty of cases is manufactured 20 order
A public sentiment that could tolerate hi,
acquittal is diseased, and a friend who
could hope for it is frended. The very
atrocty of the crime, however, is used as an
excuse Fogarty is too insane
TO he punished and toe
sane to go 20 a lunatic asylum. No
plea of insanity was filed in this case. II
one had been and the jury had found him